Compact Online Reference Encyclopedia (CORE)

Looking for information on a specific topic, training, rule, or process? Through one search here, you can find the information you need from ICAOS’ white papersadvisory opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

Displaying 1 - 30 of 92
… … 2370 … 2368 … 2367 … 2358 … 2351 … 2348 … 2383 … 2369 … retake … retaking … 2397 … 2431 … 2432 … 2437 … 2441 … 2442 …
Rules governing retaking an offender under the compact of the Interstate Commission for Adult Offender Supervision
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
… an offender. With limited exceptions, the decision to retake an offender rests solely in the discretion of the … offense in the receiving state, the sending state may not retake the offender without prior consent from authorities … is no longer feasible. First, a sending state must retake an offender upon request of the receiving state or …
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
… Moreover, a sending state may be required to retake an offender for violating acts or non-compliant …
(a) Upon a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving state within…
… requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving … June 1, 2017. … 2379 … 2378 … 2367 … 2358 … offender … retake … retaking … sending state … violations … 2432 … 2435 …
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report. (b) A violation report shall contain– offender’s name and…
… amended September 14, 2016 , effective June 1, 2017. … retake … retaking … revocation … supervision in receiving …
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
… enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and … of the officer and the identity of the offender to be retaken. References: ICAOS Advisory Opinions 11-2006 … enter a state where the offender is found and apprehend and retake the offender notwithstanding case closure] History: …
A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004.
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may retake or order the return of an offender. (b) If the offender does not return to the sending state as ordered, then the sending state shall…
…  and  5.103-1  at its sole discretion, a sending state may retake or order the return of an offender. (b) If the …
(a) Upon receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an offender who has…
… Upon a finding of probable cause the sending state shall retake the offender from the receiving state. (d) If … its warrant and detainer in place until the offender is retaken pursuant to paragraph (c) or supervision is resumed …
A sending state shall retake an offender within 30 calendar days after the offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s warrant. History: Adopted November 4, 2003,…
… A sending state shall retake an offender within 30 calendar days after the …
This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving state and how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 minutes.
… how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 … how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 … … conditions of supervision … icots … on demand training … retake … retaking … training modules … violation report … …
Includes training for definition of 'Behavior Requiring Retaking' and Rule 5.103, explaining that documented non-compliant behavior & responses to the behavior should be reported on a violation report ONLY when invoking mandatory retaking after the…
REPEALED effective March 1, 2014 History: Adopted October 13, 2010, effective March 1, 2011; repealed August 28, 2013, effective March 1, 2014.
(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that– No detainer has been…
This on-demand training module discusses reporting requirements for compact offenders who abscond per the ICAOS definition and requirements. This module also discusses mandatory retaking requirements when an absconder is apprehended in the receiving state…
(a) Upon a request from the receiving state, a sending state shall retake an offender from the receiving state or a subsequent receiving state after the offender’s conviction for a new felony offense or new violent crime and: completion of a term of…
… a request from the receiving state, a sending state shall retake an offender from the receiving state or a subsequent … crime offense. (b) When a sending state is required to retake an offender, the sending state shall issue a warrant …
This on-demand training module discusses Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking.…
Published November 1, 2013 The ICAOS Executive Committee has requested this ‘white paper’ resulting from several recent cases in which courts, prosecuting attorneys, and probation and parole officers have apparently lacked awareness or ignored the…
… state, and upon such finding, “the sending state shall retake the offender from the receiving state.” Despite the … 24 month sentence); and that even if the offender had been retaken and returned to the sending state as required by the …
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
Whether an offender under supervision in the receiving state, who is charged with a new criminal offense in the receiving state and arrested but released on bail on the new offense, may be subsequently arrested and detained for retaking by the sending…
… detain the offender until consent is given to Florida to retake the offender or until criminal charges are dismissed, … offense in the receiving state, the offender shall not be retaken without the consent of the receiving state, or until … in an arrest warrant being issued and Florida seeking to retake the offender since the new criminal charge …
A receiving state shall be responsible for the cost of detaining the offender in the receiving state pending the offender’s retaking by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, effective August 1, 2004; amended October 4, 2006…
An offender convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction being conclusive as to the status of the offender’s violations of supervision and the right of the sending…
… of supervision and the right of the sending state to retake. In this circumstance, there is no need to conduct a … and the sending state retains the right under the ICAOS to retake an offender for any or no reason. See Paull v. Park … 1198 (S. Ct. Mt. 2009). For example, a sending state may retake an offender because the offender has failed to comply …
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
… upon request of the sending state based on its intent to retake the offender. Such a retaking can occur based on a … probation. Under this circumstance, and notification to retake the offender, the sending state must issue a warrant …
An offender subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the retaking process, individual state law to the contrary…
As discussed, the transfer of supervision of an offender is mandatory in some circumstances. Receiving states are required to accept transfer if the offender is eligible under Rules 3.101 and 3.101-1. As discussed in Chapter 4 regarding return of…
… a sending state, the sending state has sole discretion to retake unless conviction of the offender for a new felony or … is not, in itself, grounds to require the sending state to retake that offender if the transfer was the result of a …
An offender in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state. History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017.  
When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the receiving state, compact offenders are ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking.…
Displaying 1 - 30 of 92